The birth of a child is an amazing time for Pittsburgh parents. These parents have been waiting for their new arrival for months and have been anxiously planning for it. Nurseries have been painted, cribs have been assembled, clothing has been washed and folded; all of the other preparations have been made. Most births go as planned but unfortunately birth injuries frequently occur. When a birth injury happens who can be held liable?
There are many different birth injuries that can occur. They can happen before the birth, during the birth or after. They can involve a failure to monitor baby’s oxygen levels, an injury to the baby during the delivery process and the failure to monitor a baby after it is born, along with many other issues.
Most of the people who are involved in the birth of a child can be held liable for a birth injury. These can include the hospital, anesthesiologist, obstetrician, nurses, midwife, pharmaceutical companies and others.
Many of these parties have an obvious role in the negligent care of a baby. But hospitals can also be held liable. If a hospital does not make a reasonable effort in checking a medical provider’s credentials they can be held liable for negligence. Or if the hospital does not have sufficient staffing levels or if they do not do enough to protect patients from harm. This can include not keeping adequate medical records, properly admitting and discharging patients and performing clinical tests. Pharmaceutical companies may be held liable if they failed to warn doctors of a drug’s potential side effects or other dangers.
If a family believes their baby was injured because of a negligent doctor or other medical provider they may want to speak with a legal professional skilled in medical malpractice. An attorney can review the medical records, consult with medical experts and determine what happened to cause the injury. Compensation may be available for medical expenses, pain and suffering, future medical expenses and other damages.
Source: injury.findlaw.com, “Responsible Parties in Birth Injury Cases: Who Can Be Sued?” accessed on Oct. 12, 2015